06-10-2024 CC Agenda Packet - Laserfiche WebLink

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b) Time of Payment, Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in frill upon the start of construction or September 15, 2005, whichever occurs first. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below by Nov 15, 2005, and Tenant has diligently pursued such requirements, Landlord shall refund to the Tenant all rental payments made by Tenant and this Lease shall terminate. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. c) If this Lease is terminated at any time other than on the last day of a month, Rent shall be prorated, based on a thirty day month, as of the date of termination, and in the event of termination for any reason other than nonpayment of Rent, or Tenant's default, all prepaid Rent shall be refunded to Tenant. 3. Governmental Approval Contingency. a) Tenant Application. Tenant's right to use the Premises is expressly ,made contingent upon its obtaining all the certificates, permits, zoning and other approvals that maybe required by any federal, state or local authority. This shall 'include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. b) Interference and Engineering Study. Before obtaining a building permit, Tenant must pay its share for the reasonable cost of (i) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Communications Facilities, as defined in Subparagraph 5(b), without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord or Tenant may terminate this Lease immediately and Landlord shall refund the initial rental to Tenant. c) Non-ap rpoval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, pen -nit, license, or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. 2 121076599v2 752031 51